Olmstead v. Firth
Supreme Court of Minnesota
Appeal by defendants from an order of the municipal court of St. Paul, Twohy, J., denying a motion to set aside a judgment in favor of plaintiffs- for $28.79, and awarding plaintiffs $10, costs of motion.
1Opinion of the CourtCanty, J.
It sufficiently appears that both of the defendants and their attorney were residents of this state when this action was commenced and the answers served. The case was pending for a considerable length of time, and thereafter, and before it was noticed for trial, they all left the state. Thereafter, on March 5, 1894, plaintiff served notice of trial by mail on defendants’ attorney by depositing the same in the post office at St. Paul, addressed to him at Chicago, Illinois, where he then resided, postage prepaid. Defendants did not appear at the trial, and plaintiff had judgment. This is an…
2Cited by2 opinions
- Skog v. PomushSupreme Court of Minnesota · 1945
- Bentley v. KralSupreme Court of Minnesota · 1947